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Since you are here, we would like to help you with understanding divorce legal processes.  Spouses are equal in terms of their rights in divorce. Either spouse: Can file for a divorceCan get child custody, or spouses can get joint custody. A spouse without physical custody receives visitation rightsCan receive alimony (spousal support). The general rule is that a spouse who earned less is entitled to alimonyHas rights to marital property that was acquired during the marriage. Marital property is divided between spouses according to states laws and a spouse's agreement or a court's ruling Before filing for divorce, you should first check residency requirements in the state where you want to file for divorce. All states require that you, and sometimes your spouse, have lived a specific period of time in the state. The residential period is usually around six months, but some states have different requirements.  Several states also require that you and your spouse have lived separately before filing for a divorce or finalizing a divorce in court. These states include: Arkansas (at least 18 months of separation)Delaware (6 months)Kentucky (60 days)Louisiana (180 days or 365 days if you have kids)North Carolina (1 year)South Carolina (1 year)Vermont (6 months)Virginia (6 months or 1 year if you have kids)Washington, D.C. (6 months)Before filing for divorce, you can reach preliminary agreements with your spouse about major divorce issues, such as alimony, child custody and child support, and division of property and debts. You can try mediation, a process through which a neutral mediator will help you reach an agreement. If you can find common ground, your divorce process will be much easier. You can file for an uncontested divorce and do not need to litigate. Otherwise, a court will step in and help you decide on divorce issues. Such a type of divorce is called contested. Generally, the process for an uncontested divorce differs from the process for a contested one. However they both include the same steps. To get a divorce, you should:  Check if you satisfy the residency requirements of a state where you file for a divorceGet an index number (number of your divorce case) and pay the filing fee Understand what type of divorce you will file for (uncontested or contested). A contested divorce applies when one spouse disagrees with the other on at least one divorce issueOne spouse files a Petition for divorce (this spouse is called the petitioner) and necessary court forms for a petitioner that can be obtained from a court's website or from the courtA summons and a petition should be served (delivered) on the other spouse (this spouse is called the respondent) Respondent files an Answer to a petition and other court forms for a respondent that may be necessary. They can be obtained from a court's website or the courtSpouses complete and exchange Financial disclosures, documents that include information about each spouse's financial situation during divorce proceedings. Spouses also engage in Divorce discovery, a legal process that allows the spouses to request information from each other formally and third-party witnesses (for example, written questions, subpoenas, and depositions)If you and your spouse agree on divorce issues by yourself, you can file it with a court in the form of a Divorce Settlement Agreement to your divorce application and ask the court to approve it. If your case involves a child support issue, try to reach an agreement on it. Attend a court trialYou have a possibility to appeal a court's decision on your divorce case Get a Judgment of Divorce signed by a judge. This document officially ends your marriage  If you and your spouse have a valid prenuptial agreement, it will make your divorce a little bit easier. A prenuptial agreement usually states how property acquired during the marriage will be divided in the event of a divorce. Such agreements resolve the issue of division of marital property for you. However, not having a prenuptial agreement is fine.  Grounds for divorce are divided into two types: fault and no-fault. Fault-based divorces have a particular reason behind them. Examples of such reasons for a fault-based divorce include: Cruelty (inflicting unnecessary emotional or physical pain)Adultery (cheating or other infidelity)Abandonment for a specific amount of timeIncurable insanityImprisonment for a set number of yearsPhysical inability to engage in sexual intercourse, if a spouse didn't disclose the inability prior to marriageFault-based divorces exist in Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Georgia, Maryland, New Jersey, New York, North Carolina, South Carolina, Vermont, Virginia, and the District of Columbia. The majority of divorces are no-fault. No-fault-based divorce means that the marriage ends just because it can or should not survive any longer. In such cases, the spouses have differences that prevent them from continuing a relationship together. Under state laws, such grounds are stated as:  IncompatibilityIrreconcilable differencesIrretrievable breakdown of the marriageWe advise you to contact a divorce lawyer if you and your spouse have children together or many assets/debts to divide. A lawyer will help you to fill out necessary court forms, including a Petition for divorce, an Answer to a divorce petition, Child custody, and Child support forms, a Parenting Plan, and Income and Spousal support worksheets. A lawyer can also draft a Settlement agreement for you. A Settlement Agreement is a written contract signed by both spouses, outlining the terms on which spouses end their marriage. Having this agreement signed and filed to a court may speed up the divorce process. Hiring a professional will ensure that none of your rights are violated and that you complete a divorce fairly and calmly.
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